Interpretation ID: 9219
President
Safety Brake Set
3508 Cascade Highway
Silverton, OR 97381
Dear Mr. Williams:
This responds to your letter requesting information about Federal requirements related to a product that "sets the brakes on an air brake vehicle when the driver exits the cab." I apologize for the delay in our response. You stated that your "device does not hook into the brake system but pops the parking button out if the driver is off the seat and the door is open. The brake then must be manually disengaged." You requested confirmation that the agency will neither support nor oppose the aftermarket installation of such a device.
I am pleased to have this opportunity to explain our regulations to you. I am also enclosing a copy of a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."
By way of background information, the National Highway Traffic Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with all applicable standards. The following represents our opinion based on the facts provided in your letter.
NHTSA does not have any specific regulations about a product such as your device. However, since this device is related to a vehicle's air brake system, it could affect a vehicle's compliance with Standard No. 121, Air Brake Systems. That standard applies to almost all new trucks, buses, and trailers equipped with air brake systems.
If your system is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards, including Standard No. 121. (See 15 U.S.C. 1397(a)(1) and 49 CFR Part 567). If the device is added to a previously certified new motor vehicle prior to its first consumer purchase, then the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration. 49 CFR 567.7.
If the device is installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, then the installer would not be required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. 15 U.S.C. 1397(a)(2)(A). In particular, these entities should ensure that the installation of your device does not render inoperative the vehicle's compliance with the parking brake requirements set forth in S5.6.
I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel
Enclosure ref:121 d:4/21/94